M.Y.EQBAL, J. - (1.) THE petitioner who is the union representing the concerned workmen has challenged the award dated 20.10.1994 passed by the Central Government Tribunal in Reference Case No. 206/89 whereby the tribunal has answered the reference against the workmen and held they are not entitled to be regularized by the management.
(2.) IT appears that the Government of India, Ministry of Labour, in exercise of power conferred under Section 10(1)(d) of the Industrial Disputes Act, referred the following dispute to the tribunal for adjudication : "Whether the action of the management of Bhowra (N) Colliery of M/s Bharat Coking Coal Ltd. in not regularizing Shri Basant Paswan and ten others is justified? If not, to what relief are the concerned workmen entitled - The case of the workmen is that they were in the service of Bhowra Colliery since 1986. Instead of regularizing their services they were stopped from working by the management with effect from 14.9.1987. Their further case is that they were working as stone cutter in the colliery and were also doing the work of loading tubs.
(3.) THE case of the management, on the other hand, is that the concerned workmen were never employed in Bhowra colliery. As a matter of fact the management engaged contractors to do certain odd works in stone industry. The contract labourers left the work when the contract was completed.;